Research On Antitrust Regulation Of Exclusive Authorization Of Digital Music Copyrigh

Today,the rapid development of the Internet industry has led to the emergence of many markets.And the digital music market is born under such background.The exclusive license of digital music copyright is the most applicable form of agreement in today’s digital music market,which itself is the agreement reached by the subject of the agreement,and it is not illegal.It can not only promote the legalization of pirated music,but also benefit the copyright holders of digital music,which is one of the important factors to promote the development of the market.However,the digital music platform may abuse its dominant market position based on the agreement,or create a situation that excludes or restricts competition.Therefore,the exclusive license of digital music should not be completely denied or completely banned.It can’t be left alone.It needs effective regulation to play its positive role.Besides the introduction and conclusion,this paper is divided into four parts:This article starts with an overview of exclusive licensing of digital music copyright,traces the development process of exclusive licensing of digital music copyright,and describes the types and legal nature of exclusive licensing of digital music copyright.By demonstrating the dual effects of exclusive licensing of digital music copyright.From this,we can see the advantages of combating piracy and infringement,reducing transaction costs,and promoting industrial development,which in turn has led to defects such as the destruction of the functions of copyright collective management organizations,which is not conducive to industrial competition,and so on.By defining the digital music related market,analyzing the share of the digital music market,and then analyzing various inappropriate behaviors in the market,this paper analyzes the possibility of constituting abuse of market dominance and monopoly agreements.Then it shows the dilemma of the regulation of the anti monopoly law.First,it is difficult to define the abuse of market dominance.Second,at present,China lacks the basis for restricting exclusive licensing,and the conflict between the anti monopoly law and the copyright law has not been resolved.Finally,the enforcement role of the anti monopoly law is insufficient.Finally,this article proposes regulatory recommendations,including adopting new relevant market definition methods,improving relevant provisions of the anti monopoly law,resolving the balance of interests between the anti monopoly law and the copyright law,strengthening restrictions on exclusive licensing agreements for digital music copyright,and improving relevant administrative agencies,in an attempt to solve the difficulties brought by exclusive licensing for digital music copyright.